1.Easy
In English law, a promise made in a deed is enforceable even without:
- AConsideration
- BA signature
- CWriting
- DDelivery of the deed
2.Easy
A "voidable" contract is one that:
- AIs valid until the affected party chooses to set it aside
- BIs a criminal agreement and illegal
- CCan only be ended by both parties agreeing together to cancel it
- DNever had any legal effect at all
3.Easy
The duty to mitigate loss means that a claimant:
- AMust accept any offer made by the party in breach
- BCannot recover for losses they could reasonably have avoided
- CMust sue within one month of the breach
- DMust prove the breach was deliberate
4.Medium
A contract made under duress may be:
- ATurned into a criminal offence only
- BEnforced against the pressured party in every case
- CAutomatically valid with no remedy
- DAvoided (set aside) by the pressured party
5.Medium
Promissory estoppel can prevent a party from:
- AMaking any new promises
- BSuing for any breach at all, including breaches entirely unrelated to the promise that it made
- CEntering into future contracts
- DGoing back on a promise not to enforce strict legal rights, when the other relied on it
6.Medium
A court will imply a term in fact into a commercial contract only if:
- AIt would be reasonable and fair to both parties, even if it is not necessary
- BIt is usual in contracts in other industries
- CIt is necessary for business efficacy or so obvious it goes without saying
- DIt would benefit the weaker party
7.Hard
A wife guarantees her husband's business debts to a bank. Under RBS v Etridge (No 2), the bank should normally:
- AObtain confirmation that a solicitor has advised her
- BSeek a court's approval of the guarantee
- CRefuse the guarantee unless she has her own income
- DHave the husband explain the risks to her
8.Hard
In Great Peace Shipping v Tsavliris Salvage, the Court of Appeal held that a contract is void for common mistake only if the mistake makes performance:
- ADifferent from the contract in a minor detail
- BCommercially less attractive for one party
- CImpossible or essentially different from what the parties agreed
- DMore expensive to carry out than both parties had expected when contracting
Answer key
- 1. A · Consideration
- 2. A · Is valid until the affected party chooses to set it aside
- 3. B · Cannot recover for losses they could reasonably have avoided
- 4. D · Avoided (set aside) by the pressured party
- 5. D · Going back on a promise not to enforce strict legal rights, when the other relied on it
- 6. C · It is necessary for business efficacy or so obvious it goes without saying
- 7. A · Obtain confirmation that a solicitor has advised her
- 8. C · Impossible or essentially different from what the parties agreed
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